Ordinance will not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not constitute a project within the meaning of State CEQA Guidelines section 15378. Alternatively, the City Council finds that, pursuant to State CEQA Guidelines section 15061(b)(3), the adoption of this Ordinance is exempt from CEQA because there is no possibility that it may have a significant effect on the environment.
Section 4. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the City of Lomita General Plan.
Section 5. Code Amendment. Lomita Municipal Code (LMC) Title V (Sanitation and Health) Chapter 5 (Construction and Demolition Waste Management) is hereby amended to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.
Section 6. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 24300 Narbonne Avenue, Lomita, CA 90717.
Section 7. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
Section 8. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage and adoption; and within fifteen (15) days after its passage and adoption, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this 20th day of October, 2026.
Cindy Segawa, Mayor
ATTEST:
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
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Exhibit A
CHAPTER 5. - CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT Sec. 5-5.01. - Purpose.
The purpose of this chapter is to set forth requirements for the diversion of construction and demolition debris that will ensure compliance with CALGreen and will allow the city to better document diversion efforts in compliance with AB 939.
Sec. 5-5.02. - Definitions.
City-franchised waste hauler means the company or individual that the City of Lomita has contracted exclusively to provide waste collection and disposal services within the city, pursuant to title V, chapter 3 of this Code.
City-initiated project means any construction, deconstruction, demolition, remodeling, repair, cleanup, or removal project performed on behalf of the city via contract with the city.
Construction and demolition (C&D) debris means building materials and solid waste from construction, deconstruction, remodeling, repair, cleanup, removal, or demolition operations that are not "hazardous waste" (as defined in Public Resources Code Section 40141), including, but not limited to:
(1) Discarded materials generally considered to be water insoluble including asphalt, brick, concrete, glass, gravel, gypsum, masonry, metal, pipe, rock, sand, slate, soil, steel, stone, wallboard or otherwise inert material. (2) Clean cardboard, construction paper, plastics (including, but not limited to, sheeting, molding, and shrink wrap), wood, and lighting and piping fixtures. (3) Rocks, soils, trees, brush, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.
Conversion rate means the rate set forth in the standardized conversion rate table approved by the community development director or designee for use in estimating the volume or weight of materials identified in a waste management plan.
Deconstruction means the careful and systematic dismantling of a structure in order to salvage materials for diversion.
Demolition means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior, and any removal of the same.
Dispose means the final deposition of construction and demolition or inert material to a Class III landfill.
Diversion requirement means the diversion via reuse or recycling of at least sixtyfive (65) percent of all construction and demolition debris generated by a project.
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Divert means to use material for any purpose other than disposal in a landfill or transformation facility.
Project means any activity which requires an application for a building or demolition permit or any similar permit from the city.
Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste.
Renovation means any change, addition, and/or modification in an existing structure.
Reuse means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.
Salvage means the controlled removal of C&D debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
Transformation facility means a facility whose principal function is to convert, combust, or otherwise process solid waste by incineration, pyrolysis, destructive distillation, gasification, or to chemically or biologically process solid waste for the purpose of volume reduction, synthetic fuel production, or energy recovery.
Transformation facilities do not include biomass conversion or composting facilities. (Title 14, California Code of Regulations, Section 18720) Waste management plan or WMP means a written plan for disposal, recycling and reuse of project C&D debris prepared and submitted pursuant to section 5-5.03(A) in a form prescribed by the WMP compliance official.
WMP compliance official or official means the Community and Economic Development Director or designee.
WMP compliance report means the written documentation of the actual C&D debris generated from the project, (1) indicating the weight and final destination of the debris, (2) listing whether the debris was disposed of, recycled or reused, and (3) including all required receipts, pursuant to section 5-5.05(F) in a form prescribed by the WMP compliance official. The Quarterly WMP compliance report shall indicate whether the applicant complied with the diversion requirement.
Sec. 5-5.03. - Applicability.
(A) Covered projects. Covered project shall mean any of the following construction, demolition, or renovation projects:
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(1) Construction of new residential units, and additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume or size.
(2) Construction of nonresidential buildings and nonresidential additions where the addition or alteration increases the building's conditioned area, volume or size.
(3) All nonresidential interior renovation projects greater than seven hundred fifty (750) square feet requiring a building permit.
(4) All demolition projects requiring a demolition permit. (5) All city-initiated projects requiring a building permit.
Every covered project shall divert at least sixty-five (65) percent, measured by weight, of all construction or demolition waste generated by the covered project and comply with all of the provisions in this chapter. All phases of a project and all related projects taking place on single or adjoining parcels, as determined by the WMP compliance official, will be deemed a single, covered project. Compliance with the provisions of sections 5-5.04 and 5-5.05 shall be listed as a condition of approval on any building or demolition permit issued for a covered project. (B) Non-covered projects. Non-covered project shall mean any project that is not a covered project as defined in this section, including:
(1) Any construction, remodeling, or demolition project that does not generate recyclable materials or construction/demolition waste.
(2) Projects for which only a plumbing, electrical, or mechanical permit is required.
(3) Immediate or emergency construction, repair, or demolition work required to protect the public health or safety in an emergency, as defined in Section 21060.3 of the Public Resources Code, as it may be amended from time to time.
Non-covered projects are exempt from the requirements of this chapter. Each applicant for a non-covered project is encouraged to divert at least sixty-five (65) percent of all project-related C&D debris.
(C)Infeasible exemption.
(1) Application. If an application for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the waste management plan (WMP) is submitted. An applicant applying for an exception must indicate on the WMP the specific circumstances that make it infeasible to comply with the diversion requirement.
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(2) Meeting with the official. The official will review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement.
(3) Granting of exemption. The official will issue an infeasibility exemption if the following findings are made:
a. Circumstances exist which are unique to the project such that compliance with the provisions of this article would create an unusual burden on the project which is different than that of similarly situated projects; or b. That diversion of one or more substances involved in the project presents unique and burdensome obstacles and would create an especially onerous economic burden on the project unless diversion of that substance is reduced or eliminated.
If the official is able to make one or more of the above findings for a project, the official may excuse the project from compliance with this article, or determine the maximum feasible reduced diversion rate for each material and indicate this rate on the WMP submitted by the applicant. (4) Denial of exemption. If the official determines that it is possible for the applicant to meet the diversion requirement, the official will so inform the applicant in writing. The applicant will have thirty (30) days to resubmit a WMP. If the applicant fails to resubmit the WMP, or to meet the WMP requirements, the official will find for noncompliance in accordance with section 5-5.5(G).
Sec. 5-5.04. - Waste management plan.
(A) Submittal of waste management plan.
(1) Applicants for building or demolition permits involving any covered project shall complete and submit a waste management plan (WMP), on a WMP form approved by the city for this purpose as part of the application packet for the building or demolition permit.
a. Contracting with the city-franchised waste hauler. Applicants intending to contract with the city-franchised waste hauler for collection of all C&D debris shall not be required to provide further information within the WMP other than their intent to utilize the services of the franchise waste hauler. b. Self-haul. A licensed contractor performing work within the scope of the contractor's license, intending to remove C&D debris from the jobsite using equipment owned or leased by the contractor, and not through a solid waste enterprise, shall include the following information in the WMP:
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1. The estimated volume or weight of project C&D debris, by materials type, that will be generated;
2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;
3. The estimated volume or weight of C&D debris that will be landfilled;
4. The processing facility that the applicant proposes to use to receive that material; and
5. Any special or specific activities that the applicant will use to comply with the provisions of this chapter.
(2) Calculating volume and weight of debris. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the city for this purpose. (3) Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. (B) Waste management plan review.
(1) Approval. Notwithstanding any other provision of this Code, no building, encroachment, or demolition permit shall be issued for any covered project unless and until the WMP compliance official has approved the WMP. The WMP compliance official shall only approve a WMP if he or she first determines that:
a. The WMP indicates the applicant's intent to use the city-franchised waste hauler; or
b. The WMP meets all of the following conditions:
1. The WMP provides all of the information set forth in section 5-
5.04(A)(1)(b); and
2. The WMP indicates that at least sixty-five (65) percent of C&D debris generated by the project will be diverted;
(2) Denial. If the WMP compliance official determines that the WMP does not meet the criteria established in section 5-5.04(A), he or she shall return the WMP to the applicant marked "denied," including a statement of reason for the denial and provide notification to the building and safety department, which shall then immediately stop processing the building or demolition permit application until a revised WMP has been submitted by the applicant and approved by the WMP compliance official.
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Sec. 5-5.05. - Construction/demolition hauling permit.
A construction/demolition hauling permit may be issued pursuant to this section to construction/demolition haulers under contract with a property owner in the City and who does not contract with the city-franchised waste hauler for these services. (A) Permit required. No person or solid waste enterprise shall remove construction and demolition waste from a covered project within the City without first obtaining a construction/demolition hauling permit or a franchise under Section 5-5.4 and a City business license. Residents shall only use a permitted construction/demolition hauler or a city-franchised waste hauler, for removal of construction/demolition waste from any covered project within the City. (B) Application for construction/demolition hauling permit. An application for a permit shall be filed with the City and be accompanied by a nonrefundable application fee in an amount set by City Council resolution to reimburse the City for all expenses incurred by it in connection with granting the permit. Before issuance of the permit, the applicant shall deposit a refundable deposit fee in an amount set by City Council resolution to be refunded individual or entity who paid the original amount upon verification by the official, of compliance with the requirements of Section 5-5.05(F). The City shall record the name and address of the person or entity that paid the deposit fee. Any refund of the deposit fee shall be issued to that person or entity unless the City receives written authorization directing payment to another person or entity. The deposit fee shall not constitute payment of the application fee and may be withheld as provided in this section.
The application shall include, at a minimum, the following information:
(1) Name, address, and telephone number of the applicant and any other principals in the hauler's business.
(2) Name, address, and contact telephone number of the subject construction/demolition project, and a copy of the service agreement for collection services at the site.
(3) The type and amount of materials and waste material that the hauler is capable of transporting.
(4) The number of vehicles that the hauler utilizes.
(5) The name, address, and contact information for the waste disposal facilities where the hauler will take diverted material and where the hauler will take waste.
(6) Such other pertinent facts or information as the official may require, including but not limited to evidence of previous experience, and demonstration of reliable and safe equipment.
(C)In order to be legally qualified to obtain a construction/demolition hauler permit:
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(1) The applicant shall be willing and able to comply with the provisions of this code, applicable law, and all requirements of the permit. (2) The applicant shall have demonstrated ability to remove and transport the required construction/demolition waste to the appropriate waste disposal facilities.
(3) The applicant shall not have filed materially misleading information in its application or intentionally withheld information that the applicant lawfully is required to provide.
(4) The applicant shall not have violated the terms of this section or a probation order issued by the official, or had a construction/demolition hauling permit revoked, on another construction or demolition project in the City for a three (3)-year period preceding the date of application, as provided in subsection (G)(3) below.
(D)Issuance of permits. The official may issue a limited construction/demolition hauler permit to collect and divert construction/demolition waste from a specific project site in the City, subject to such conditions as are necessary to protect the public health, safety and welfare and to assure that the permit is exercised for its circumscribed purposes. A permit shall not be transferred to another person or solid waste enterprise. Permits shall remain in effect for the amount of time specified on the permit, unless an extension is granted in writing by the official for the purpose of completing work on the specified project. An extension request shall be submitted in writing, no less than thirty days before expiration of the permit. The official may grant an extension subject to the application requirements set forth in Section 5-5.05(B). (E) Records. During the term of any covered project, the permitted hauler shall keep records of the amount of waste disposed and diverted in tonnage or in other measurements approved by the official that can be converted to tonnage. (F) Reporting.
(1) Every three (3) months from the date the permit is issued, the hauler shall submit, under penalty of perjury, documentation establishing compliance with the requirements of this section. The documentation shall consist of a completed quarterly “WMP compliance report," showing the weight of materials disposed and diverted, supported by evidence, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling and/or landfill disposal companies.
Receipts and weight tickets may be required by the official to verify the amount of construction or demolition waste generated from the site that has been diverted. After reviewing a quarterly WMP compliance report, the official shall issue a written determination of compliance or noncompliance, stating whether the requirements have been satisfied and identifying any deficiencies.
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(2) Within thirty (30) calendar days following the completion of any covered project, the hauler shall submit under penalty of perjury documentation establishing compliance with the requirements of this section. The documentation shall consist of a completed "Recycling and Waste Reduction Final Compliance Report" showing the weight of materials disposed and diverted, supported by evidence, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tickets may be required by the official to verify the amount of construction or demolition waste generated from the site that has been diverted. After reviewing a Recycling and Waste Reduction Final Compliance Report, the official shall issue a written determination of compliance or noncompliance, stating whether the requirements have been satisfied, identifying any deficiencies, providing notice of the right to appeal, and the amount of the deposit fee to be refunded.
(G)Probation and revocation.
(1) Failure by a permitted hauler to comply with the diversion and/or reporting requirements of this section will result in the forfeiture of the deposit fee, and revocation of the construction/demolition hauler permit at the discretion of the official.
(2) The official is authorized to put a hauler on probation when the hauler fails to submit quarterly reports, or fails to demonstrate compliance with the diversion requirements in the quarterly reports, or final compliance report. A probation order shall be in writing and provide the hauler an opportunity to demonstrate compliance with the reporting and diversion requirements in future quarterly “WMP compliance reports" and/or the "Recycling and Waste Reduction Final Compliance Report." The probation order may impose reasonable conditions on the hauler aimed at achieving compliance with such requirements. The written notice of the probation order shall:
(a) Identify each alleged violation and facts supporting the determination; (b) Identify any missing documentation or corrective action necessary to cure the alleged violation;
(c) Provide a deadline of at least thirty (30) calendar days to correct any curable violation or submit a written response and supporting evidence; (d) State the amount of the deposit fee that will be withheld in the event the permitted hauler fails to cure the violation; and
(e) Identify any proposed administrative penalty or permit revocation. (3) After expiration of the time stated in the written notice of the probation order, the official shall consider all timely submitted information and any subsequent quarterly “WMP compliance reports" and/or "Recycling and Waste Reduction Final Compliance Report" and issue a written final Tuesday, October 06, 2026 Reg CC MTG, Page *152
determination on the probation order or extend the deadline to correct any curable violation and submit written responses. The final determination shall:
(a) State whether a violation has been determined to occur and include the evidence supporting the determination;
(b) State whether the violation was corrected;
(c) Identify any administrative penalty, the amount of the deposit fee to be refunded or withheld, and any permit revocation to be imposed; and (d) Provide notice of the right to appeal pursuant to Section 5-5.06. (4) A hauler whose permit has been revoked, or who has failed to comply under a probation order, shall be notified in writing and shall not be eligible for a new permit for a period of three years from the date of the final written decision.
(5) The official's decision to issue a probation order or to revoke a permit may be appealed to the City Manager in the same manner as decisions are appealed under Section 5-5.06.
(H)Monitoring responsibility of official. The official shall monitor each covered project for compliance with this section.
Sec. 5-5.06. - Appeal.
(A) Any determination of the WMP compliance official may be appealed to the City Manager upon written request of any applicant. An applicant must file the appeal within fifteen (15) days after the date the original decision was sent to the applicant. The appeal fee shall be paid at the time of filing. The amount of the appeal fee shall be set by City Council resolution. An appeal is not considered filed until the fee has been paid. The decision of the City Manager will be final. (B) The notice of appeal of the decision of the official must contain the following information in addition to the information given by the applicant thereon or reasonably required by the city clerk therefor:
(1) The name, address, and telephone number of the applicant; and (2) The type of action requested; and
(3) The date on which said decision was made and the name of the official taking such action; and
(4) The grounds on which the appeal is taken.
(C)The fee for filing an appeal will be charged as provided by resolution of City Council.
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Sec. 5-5.07. - Implementing regulations.
The City Manager shall have the authority to establish regulations for the implementation of this chapter, and when duly established, such regulations shall be in full force and effect.
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RESOLUTION NO. 2026-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, TO AMEND THE MASTER FEE SCHEDULE TO INCLUDE
A WASTE MANAGEMENT PLAN AND SELF-HAULING PERMIT
APPEAL FEE AND A SELF-HAULING PERMIT DEPOSIT FEE FOR
APPLICABLE CONSTRUCTION AND DEMOLITION COMPLIANCE
THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
Section 1. Recitals
A. Pursuant to the provisions of the California Constitution, the City of Lomita is authorized to adopt and implement fees, rates, and charges for municipal services; provided such fees, rates, and charges do not exceed the estimated reasonable cost of providing such services.
B. California law requires that user-related fees for City services do not exceed the estimated cost of providing the service for which the fee is levied, and that no fee or service charges are levied or increased without the opportunity for the public to make oral or written comments at a regularly scheduled City Council meeting.
C. The fees levied in this resolution do not exceed the estimated cost of the City to provide services for which the fees are levied.
D. Pursuant to Lomita Municipal Code (LMC) Section 5-5, a waste management plan is required in order to remove construction and demolition waste from any construction, remodeling, or demolition project in the City of Lomita; E. Permitted haulers are currently required to divert 50 percent of all construction and demolition waste generated by a project and to submit reports with the disposal amount and location to the City on a quarterly basis and at the completion of the project;
F. City staff is frequently unable to obtain the required documentation from self-haulers (other than the City-franchised waste hauler) and the California Department of Resources Recycling and Recovery (CalRecycle) is encouraging staff to improve its current process; and
G. A proposed code update intends to address this matter by requiring a hauling permit and authorizing the City Council to establish, by resolution, an appeal fee and refundable security deposit fee; this Resolution establishes those amounts.
H. On October 6, 2026, the City Council held a duly noticed public hearing and accepted public testimony to adopt the new appeal fee and permit deposit to the Master Fee Schedule.
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Resolution No. 2026-51
Section 2. The City Council of the City of Lomita hereby amends the City of Lomita’s Master Fee Schedule to include an appeal fee and self-hauler permit deposit fee, with the revision to the Master Fee Schedule as shown in Table 1 below.
Table 1 – Master Fee Schedule
Service Description Reference Fee Amount
Miscellaneous Fees
Waste management plan
and self-hauling appeal to
City Manager
Adopted per Resolution No. 2026-51 $131
Self-hauling permit deposit Adopted per Resolution No. 2026-51 $1,000 Section 3. The City Council finds that adoption of this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. The proposed update to the City Master Fee Schedule is not a project as defined in Section 15378 and will not result in a direct or reasonably foreseeable indirect physical change in the environment. Alternatively, if the adoption of the resolution is deemed a project, the City Council finds that this activity is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. State CEQA Guidelines, § 15061(b)(3).
Section 4. This Resolution will become effective 60 days after its adoption.
Section 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED, this 6th day of October 2026. ________________________________
Cindy Segawa, Mayor
ATTEST:
_____________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
________________________
Trevor Rusin, City Attorney
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Resolution No. 2026-51
Any action to challenge the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Code of Civil Procedure.
Persons wishing to challenge the City’s final action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing or in written correspondence delivered to the City at or before the public hearing.
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Attachment 3
CHAPTER 5. - CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT Sec. 5-5.01. - Purpose.
The purpose of this chapter is to set forth requirements for the diversion of construction and demolition debris that will ensure compliance with CALGreen and will allow the city to better document diversion efforts in compliance with AB 939.
Sec. 5-5.02. - Definitions.
City-franchised waste hauler means the company or individual that the City of Lomita has contracted exclusively to provide waste collection and disposal services within the city, pursuant to title V, chapter 3 of this Code.
City-initiated project means any construction, deconstruction, demolition, remodeling, repair, cleanup, or removal project performed on behalf of the city via contract with the city.
Construction and demolition (C&D) debris means building materials and solid waste from construction, deconstruction, remodeling, repair, cleanup, removal, or demolition operations that are not "hazardous waste" (as defined in Public Resources Code Section 40141), including, but not limited to:
(1) Discarded materials generally considered to be water insoluble including asphalt, brick, concrete, glass, gravel, gypsum, masonry, metal, pipe, rock, sand, slate, soil, steel, stone, wallboard or otherwise inert material. (2) Clean cardboard, construction paper, plastics (including, but not limited to, sheeting, molding, and shrink wrap), wood, and lighting and piping fixtures. (3) Rocks, soils, trees, brush, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.
Conversion rate means the rate set forth in the standardized conversion rate table approved by the community development director or designee for use in estimating the volume or weight of materials identified in a waste management plan.
Deconstruction means the careful and systematic dismantling of a structure in order to salvage materials for diversion.
Demolition means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior, and any removal of the same.
Dispose means the final deposition of construction and demolition or inert material to a Class III landfill.
Diversion requirement means the diversion via reuse or recycling of at least sixtyfivefifty (650) percent of all construction and demolition debris generated by a project.
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Divert means to use material for any purpose other than disposal in a landfill or transformation facility.
Project means any activity which requires an application for a building or demolition permit or any similar permit from the city.
Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste.
Renovation means any change, addition, and/or modification in an existing structure.
Reuse means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.
Salvage means the controlled removal of C&D debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
Transformation facility means a facility whose principal function is to convert, combust, or otherwise process solid waste by incineration, pyrolysis, destructive distillation, gasification, or to chemically or biologically process solid waste for the purpose of volume reduction, synthetic fuel production, or energy recovery.
Transformation facilities do not include biomass conversion or composting facilities. (Title 14, California Code of Regulations, Section 18720) Waste management plan or WMP means a written plan for disposal, recycling and reuse of project C&D debris prepared and submitted pursuant to section 5-5.03(A) in a form prescribed by the WMP compliance official.
WMP compliance official or (official) means the cCommunity and Economic dDevelopment dDirector or designee.
WMP compliance report means the written documentation of the actual C&D debris generated from the project, (1) indicating the weight and final destination of the debris, (2) listing whether the debris was disposed of, recycled or reused, and (3) including all required receipts, pursuant to section 5-5.05(AF) in a form prescribed by the WMP compliance official. The Quarterly WMP compliance report shall indicate whether the applicant complied with the diversion requirement.
Sec. 5-5.03. - Applicability.
(A) Covered projects. Covered project shall mean any of the following construction, demolition, or renovation projects:
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(1) Construction of new residential units, and additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume or size.
(2) Construction of nonresidential buildings and nonresidential additions where the addition or alteration increases the building's conditioned area, volume or size.
(3) All nonresidential interior renovation projects greater than seven hundred fifty (750) square feet requiring a building permit.
(4) All demolition projects requiring a demolition permit. (5) All city-initiated projects requiring a building permit.
Every covered project shall divert at least fifty sixty-five (650) percent, measured by weight, of all construction or demolition waste generated by the covered project and comply with all of the provisions in this chapter. All phases of a project and all related projects taking place on single or adjoining parcels, as determined by the WMP compliance official, will be deemed a single, covered project. Compliance with the provisions of sections 5-5.03 04 and 5-5.04 05 shall be listed as a condition of approval on any building or demolition permit issued for a covered project. (B) Non-covered projects. Non-covered project shall mean any project that is not a covered project as defined in this section, including:
(1) Any construction, remodeling, or demolition project that does not generate recyclable materials or construction/demolition waste.
(1)(2) Projects for which only a plumbing, electrical, or mechanical permit is required.
(2)(3) Immediate or emergency construction, repair, or demolition work required to protect the public health or safety in an emergency, as defined in Section 21060.3 of the Public Resources Code, as it may be amended from time to time.
Non-covered projects are exempt from the requirements of this chapter. Each applicant for a non-covered project is encouraged to divert at least fifty sixty-five (650) percent of all project-related C&D debris.
(C)Infeasible exemption.
(1) Application. If an application for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the waste management plan (WMP) is submitted. An applicant applying for an exception must indicate on the WMP the specific circumstances that make it infeasible to comply with the diversion requirement.
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(2) Meeting with the official. The official will review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement.
(3) Granting of exemption. The official will issue an infeasibility exemption if the following findings are made:
a. Circumstances exist which are unique to the project such that compliance with the provisions of this article would create an unusual burden on the project which is different than that of similarly situated projects; or b. That diversion of one or more substances involved in the project presents unique and burdensome obstacles and would create an especially onerous economic burden on the project unless diversion of that substance is reduced or eliminated.
c. If the official is able to make one or more of the above findings for a project, the official may excuse the project from compliance with this article, or determine the maximum feasible reduced diversion rate for each material and indicate this rate on the WMP submitted by the applicant. (4) Denial of exemption. If the official determines that it is possible for the applicant to meet the diversion requirement, the official will so inform the applicant in writing. The applicant will have thirty (30) days to resubmit a WMP. If the applicant fails to resubmit the WMP, or to meet the WMP requirements, the official will find for noncompliance in accordance with section 43.8.35-5.5(G).
Sec. 5-5.04. - Waste management plan.
(A) Submittal of waste management plan.
(1) Applicants for building or demolition permits involving any covered project shall complete and submit a waste management plan (WMP), on a WMP form approved by the city for this purpose as part of the application packet for the building or demolition permit.
a. Contracting with the city-franchised waste hauler. Applicants intending to contract with the city-franchised waste hauler for collection of all C&D debris shall not be required to provide further information within the WMP other than their intent to utilize the services of the franchise waste hauler. b. Self-haul. A licensed contractor performing work within the scope of the contractor's license, intending to remove C&D debris from the jobsite using equipment owned or leased by the contractor, and not through a solid waste enterprise, shall include the following information in the WMP:
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1. The estimated volume or weight of project C&D debris, by materials type, that will be generated;
2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;
3. The estimated volume or weight of C&D debris that will be landfilled;
4. The processing facility that the applicant proposes to use to receive that material; and,
5. Any special or specific activities that the applicant will use to comply with the provisions of this chapter.
(2) Calculating volume and weight of debris. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the city for this purpose. (3) Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. (B) Waste management plan review.
(1) Approval. Notwithstanding any other provision of this Code, no building, encroachment, or demolition permit shall be issued for any covered project unless and until the WMP compliance official has approved the WMP. The WMP compliance official shall only approve a WMP if he or she first determines that:
a. The WMP indicates the applicant's intent to use the city-franchised waste hauler; or
b. The WMP meets all of the following conditions:
1. The WMP provides all of the information set forth in section 5-
5.0304(A)(1)(b); and
2. The WMP indicates that at least fifty sixty-five (650) percent of C&D debris generated by the project will be diverted;
(2) Denial. If the WMP compliance official determines that the WMP does not meet the criteria established in section 5-5.0304(A), he or she shall return the WMP to the applicant marked "denied," including a statement of reason for the denial and provide notification to the building and safety department, which shall then immediately stop processing the building or demolition permit application until a revised WMP has been submitted by the applicant and approved by the WMP compliance official.
(2)
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Sec. 5-5.05. - Construction/demolition hauling permit.
A construction/demolition hauling permit may be issued pursuant to this section to construction/demolition haulers under contract with a property owner in the City and who does not contract with the city-franchised waste hauler for these services. (A)Permit required. No person or solid waste enterprise shall remove construction and demolition waste from a covered project within the City without first obtaining a construction/demolition hauling permit or a franchise under Section 5-5.4 and a City business license. Residents shall only use a permitted construction/demolition hauler or a city-franchised waste hauler, for removal of construction/demolition waste from any covered project within the City. (B)Application for construction/demolition hauling permit. An application for a permit shall be filed with the City and be accompanied by an nonrefundable application fee in an amount set by City Council resolution to reimburse the City for all expenses incurred by it in connection with granting the permit. Before issuance of the permit, the applicant shall deposit a refundable deposit fee in an amount set by City Council resolution to be refunded individual or entity who paid the original amount upon verification by the official, of compliance with the requirements of Section 5-5.05(F). The City shall record the name and address of the person or entity that paid the deposit fee. Any refund of the deposit fee shall be issued to that person or entity unless the City receives written authorization directing payment to another person or entity. The deposit fee shall not constitute payment of the application fee and may be withheld as provided in this section.
The application shall include, at a minimum, the following information:
(1) Name, address, and telephone number of the applicant and any other principals in the hauler's business.
(2) Name, address, and contact telephone number of the subject construction/demolition project, and a copy of the service agreement for collection services at the site.
(3) The type and amount of materials and waste material that the hauler is capable of transporting.
(4) The number of vehicles that the hauler utilizes.
(5) The name, address, and contact information for the waste disposal facilities where the hauler will take diverted material and where the hauler will take waste.
(6) Such other pertinent facts or information as the official may require, including but not limited to evidence of previous experience, and demonstration of reliable and safe equipment.
(C)In order to be legally qualified to obtain a construction/demolition hauler permit:
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(1) The applicant shall be willing and able to comply with the provisions of this code, applicable law, and all requirements of the permit. (2) The applicant shall have demonstrated ability to remove and transport the required construction/demolition waste to the appropriate waste disposal facilities.
(3) The applicant shall not have filed materially misleading information in its application or intentionally withheld information that the applicant lawfully is required to provide.
(4) The applicant shall not have violated the terms of this section or a probation order issued by the official, or had a construction/demolition hauling permit revoked, on another construction or demolition project in the City for a three (3)-year period preceding the date of application, as provided in subsection (G)(3) below.
(D)Issuance of permits. The official may issue a limited construction/demolition hauler permit to collect and divert construction/demolition waste from a specific project site in the City, subject to such conditions as are necessary to protect the public health, safety and welfare and to assure that the permit is exercised for its circumscribed purposes. A permit shall not be transferred to another person or solid waste enterprise. Permits shall remain in effect for the amount of time specified on the permit, unless an extension is granted in writing by the official for the purpose of completing work on the specified project. An Eextension request shall be submitted in writing, no less than thirty days before expiration of the permit. The official may grant an extension subject to the application requirements set forth in Section 5-5.05(B). (E) Records. During the term of any covered project, the permitted hauler shall keep records of the amount of waste disposed and diverted in tonnage or in other measurements approved by the official that can be converted to tonnage. (F) Reporting.
(1) Every three (3) months from the date the permit is issued, the hauler shall submit, under penalty of perjury, documentation establishing compliance with the requirements of this section. The documentation shall consist of a completed quarterly “WMP compliance report," showing the weight of materials disposed and diverted, supported by evidence, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling and/or landfill disposal companies.
Receipts and weight tickets may be required by the official to verify the amount of construction or demolition waste generated from the site that has been diverted. After reviewing a Qquarterly WMP compliance report, the official shall issue a written determination of compliance or noncompliance, stating whether the requirements have been satisfied and identifying any deficiencies.
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(2) Within thirty (30) calendar days following the completion of any covered project, the hauler shall submit under penalty of perjury documentation establishing compliance with the requirements of this section. The documentation shall consist of a completed "Recycling and Waste Reduction Final Compliance Report" showing the weight of materials disposed and diverted, supported by evidence, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tickets may be required by the official to verify the amount of construction or demolition waste generated from the site that has been diverted. After reviewing a Recycling and Waste Reduction Final Compliance Report, the official shall issue a written determination of compliance or noncompliance, stating whether the requirements have been satisfied, identifying any deficiencies, providing notice of the right to appeal, and the amount of the deposit fee to be refunded.
(G)Probation and revocation.
(1) Failure by a permitted hauler to comply with the diversion and/or reporting requirements of this section will result in the forfeiture of the deposit fee, and revocation of the construction/demolition hauler permit at the discretion of the official.
(2) The official is authorized to put a hauler on probation when the hauler fails to submit quarterly reports, or fails to demonstrate compliance with the diversion requirements in the quarterly reports, or final compliance report. A probation order shall be in writing and provide the hauler an opportunity to demonstrate compliance with the reporting and diversion requirements in future quarterly “WMP compliance reports" and/or the "Recycling and Waste Reduction Final Compliance Report." The probation order may impose reasonable conditions on the hauler aimed at achieving compliance with such requirements. The written notice of the probation order shall:
(a) Identify each alleged violation and facts supporting the determination; (b) Identify any missing documentation or corrective action necessary to cure the alleged violation;
(c) Provide a deadline of at least thirty (30) calendar days to correct any curable violation or submit a written response and supporting evidence; (d) State the amount of the deposit fee that will be withheld in the event the permitted hauler fails to cure the violation; and
(e) Identify any proposed administrative penalty or permit revocation. (3) After expiration of the time stated in the written notice of the probation order, the official shall consider all timely submitted information and any subsequent quarterly “WMP compliance reports" and/or "Recycling and Waste Reduction Final Compliance Report" and issue a written final Tuesday, October 06, 2026 Reg CC MTG, Page *165
determination on the probation order or extend the deadline to correct any curable violation and submit written responses. The final determination shall:
(a) State whether a violation has been determined to occur and include the evidence supporting the determination;
(b) State whether the violation was corrected;
(c) Identify any administrative penalty, the amount of the deposit fee to be refunded or withheld, and any permit revocation to be imposed; and (d) Provide notice of the right to appeal pursuant to Section 5-5.06. (4) A hauler whose permit has been revoked, or who has failed to comply under a probation order, shall be notified in writing and shall not be eligible for a new permit for a period of three years from the date of the final written decision.
(5) The official's decision to issue a probation order or to revoke a permit may be appealed to the City Manager in the same manner as decisions are appealed under Section 5-5.06.
(H)Monitoring responsibility of official. The official shall monitor each covered project for compliance with this section.
Sec. 5-5.05. - WMP compliance report.
(A) Submittal of WMP compliance report. Prior to final approval of the project and the issuance of any certificate of occupancy, the applicant shall submit the documentation required by this section to the WMP compliance official, proving compliance with the approved WMP.
(1) If the approved WMP indicated the applicant's intent to utilize the cityfranchised waste hauler for collection of C&D debris pursuant to section 5-
5.03(A)(1)(a), a receipt for services provided by the city-franchised waste hauler shall be provided.
(2) If the approved WMP indicated the applicant's intent to self-haul C&D debris pursuant to section 5-5.03(A)(1)(b), all of the following documentation shall be provided:
a. Originals or copies of all weight tickets or receipts documenting both disposal and diversion, and showing whether the C&D debris was landfilled, reused or recycled;
b. A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled; and, c. Any other information attesting to or verifying the implementation of diversion activities.
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(B) Weighing of C&D debris. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the director of community development for this purpose.
(C)Determination of compliance. The WMP compliance official shall review the submitted WMP compliance report and determine the extent the applicant has complied with the diversion requirement as follows:
(1) Full compliance. If the WMP compliance official determines that at least fifty (50) percent of the C&D debris generated by the project has been diverted via reuse or recycling, the WMP compliance official shall find the applicant to be in full compliance with the diversion requirement.
(2) Partial compliance. If the WMP compliance official determines that the diversion requirement has not been achieved, the WMP compliance official shall then consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris.
(3) Noncompliance. If the WMP compliance official determines that the applicant has not met the diversion requirements of this chapter, and has not made a good faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required by this section, the applicant shall be deemed noncompliant.
(4) Administrative penalty for noncompliance. If the official determines that the applicant has not complied with this article, or the applicant fails to submit the documentation required, then the applicant will be assessed an administrative penalty. The amount of the penalty assessed shall be an amount set by city council resolution.
Sec. 5-5.06. - Appeal.
(A) Any determination of the WMP compliance official may be appealed to the cCity manager Manager upon written request of any applicant. An applicant must file the appeal within fifteen (15) days after the date the original decision was sent to the applicant. The appeal fee shall be paid at the time of filing. The amount of the appeal fee shall be set by Ccity Ccouncil resolution. An appeal is not considered filed until the fee has been paid. The decision of the cCity mManager will be final. (B) The notice of appeal of the decision of the official must contain the following information in addition to the information given by the applicant thereon or reasonably required by the city clerk therefor:
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(1) The name, address, and telephone number of the applicant; and (2) The type of action requested; and
(3) The date on which said decision was made and the name of the official taking such action; and
(4) The grounds on which the appeal is taken.
(C)The fee for filing an appeal will be charged as provided by resolution of Ccity Ccouncil.
Sec. 5-5.07. - Implementing regulations.
The city City mManager shall have the authority to establish regulations for the implementation of this chapter, and when duly established, such regulations shall be in full force and effect.
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